The rights of women in India, which has for long been a contentious topic, attained a new dimension with the Arvind Kejriwal-led Delhi Government releasing the draft Charter of Women’s Rights Bill, 2015 (referred to as the Women’s Rights Bill).
Drafted by the Delhi Dialogue Commission (DDC), an advisory body to the Delhi Government, the bill claims to implement the recommendations of the Justice Verma Committee constituted in the aftermath of the Nirbhaya gang-rape case. The draft, which is to be called as the Charter of Women’s Rights Act, 2015, stated that objects of this draft legislation are to set out the constitutional rights of women and protect them on a larger scale, in accordance with India’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and related treaties.
Women in India have long suffered from institutions that have periodically denied them justice. Often, horrific incidents of crimes against women would stir public opinion and force authorities to take action. The Nirbhaya gang-rape and murder in 2012 and the subsequent public outrage are a case in point.
The Charter of Women’s Rights Act, 2015 is a multi-pronged legislative approach aimed at tackling the problems of crime and prejudice. From restructuring and strengthening the Delhi Commission for Women to declaring the rights of women in different walks of life, the bill’s legal ambit stretches far and wide.
Section 4 of the Draft Bill alters the composition of the Delhi Commission for Women to pave way for more specialised members. This is important as the Delhi Commission for Women Act, 1994, did not mandate any specialised qualifications for commission members, resulting in cronies and apparatchiks cornering important posts.
This will now change as the Draft Bill overrides the DCW Act and provides that the Commission shall be headed by a retired judge of a High Court, as its President. Further Section 4 also states that up to half the members of the Commission may have a judicial background. In addition, knowledge and experience of ten years in areas of women, children and minority rights is mandatory.
While making major changes in the DCW composition, the Draft Bill also proposes to speed up quasi-judicial proceedings by stating that the Commission shall not be bound by the provisions of the Civil Procedure Code, 1908 in its functioning. Rather it shall be guided by the principles of natural justice which include ‘audi alteram partem’ or the right to be heard. Hence the adjournment culture prevalent in Indian Courts would not impede the timely dispensation of justice by the Commission.
The Draft Bill has also taken the remarkable step of vesting the DCW with powers to award compensation to women whose rights have been violated. These rights are diverse and clearly laid down in Sections 15 to 33 of the Act. They cover every aspect of society and life, ranging from the work place to the home. Any violation of these statutory rights can create a cause of action before the Commission and become a ground to seek damages.
From strengthening the statutory institutions, the Draft Bill also seeks to make a difference at the individual level by declaring the rights of women in different aspects of civil life. The provisions contained in Sections 15 to 33 lay down that every woman shall be entitled to respect for her life and the integrity and security of her person, at home and in public. She shall have the right to dignity, privacy and freedom of speech in all media. Even in the medical domain, she shall not be subject to any tests without her informed consent. The Draft Bill goes on to declare the rights in many other areas and Sections 44 and 45 empower the state government to make rules for effective implementation of the Act.
By adopting a proactive approach and declaring the rights of women in every field, this Draft Bill represents a step in the right direction by the Delhi government. No legislation in India has had such a wide ambit that includes all aspects of civil life as well as safety and security at home and work. It is a revolutionary step in creating statutory rights for women and instituting a mechanism for their enforcement. However, it is also important to keep in mind that this bill also has the characteristics of umbrella legislation. It vests rule-making powers with the Delhi government, which will have to be diligently exercised on a timely basis. Finally, it must not be forgotten that the success and failure of any law depends on two functionaries – the government for enforcing and the people for legal awareness.
Ultimately, it will all boil down to how diligent the citizens are in enforcing their rights, as the ball is now clearly in their court.
Image courtesy: BCCL
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